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<br />.., <br /> <br />"- <br /> <br />. <br /> <br />. <br /> <br />to the water rights for the strea~ segments liste~ in appen- <br />dix A of this stipulation and a~r~ement in the former wa~er <br />~istrict 20 in Water Division No.3 approved by the board <br />at its Au~ust Ib, 1~82 board meeting. <br /> <br />2. The board agrees to subordinate the water rights <br />for the stream ~e9ments listed in appendix A to certain prac- <br />tices of the water Users for the purpose of maximizing the <br />beneficial use Of the water available for use in tolorajo <br />u1der the Rio Grande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" shall refer to <br />a reser~oir constructed before 1938. Subor~ination shall <br />m~an that the board'S w~ter right shall be treated as junior <br />to the practices specified hereunjer and s~all not be used <br />by the board to callout or other.ise obje:t in any adminis- <br />trative or judicial procecding to the foll~_ing: <br /> <br />a. PJrsuant to C.R.S. 1973, 37-9Z-10Z(31(bl. <br />all present uses and exchanges established as of AU3ust 16, <br />1982 including. by way of example. the practice of usin~ <br />preco~pact reiervoirs tQ hold water which Otherwise contrih- <br />~te to an over delivery to ~ew ~exico or Texas ~nder the com- <br />pac t. <br /> <br />b. Futur~ ~xthan~es and storage of native \ <br />water i, an~ among precompact reservoirs. <br /> <br />C. Future chanJCi 3f direct flow water rights <br />~f the n!~bers of the water Users to provide for storage in <br />precompact reservoirs. including thOSe in the applications <br />pendi,yin Case Nos. W-3979.and W-3980 in Division 3. pro- <br />vided that the follOWing conditio,s will b~ met before SUb- <br />ordination occurs: <br /> <br />11 storage of such water rights shall <br />occJr ~nly when the water is lawf~lly in priority and physi- <br />cally available at its ~ec,eed direct flow point of diver- <br />sion, and <br /> <br />21 al the flow'of the ~io Grande mea- <br />s~red at the Del Norte gauging station is above 1.000 c.f.s. <br />dJring all times when such exchange and storage is occurring, <br />or <br /> <br />bl ~hen the flo_ of the Rio Grande <br />measured at the Del NQrte gauging station is below 1000 <br />c.f.s. and the proposed exChange and stora~e would. not reduce <br />the a~ount of water available to satisfy any water right <br />claimed in appendix A; and <br /> <br />31 comply with all applicable legal <br />require~ents and obtain any applicable approvals necessary <br /> <br />-2- <br /> <br />- ~_.,-~---,.-=--------=-- <br />